Photo: Siyanda Mngaza. Picture via http://freesiyanda.com/
A PROTEST HAS BEEN CALLED AS PART OF THE “FREE SIYANDA” CAMPAIGN IN CARDIFF CITY CENTRE TOMORROW: SATURDAY 10TH APRIL
SIYANDA MNGAZA IS A 22-YEAR-OLD BLACK WOMAN WHO WAS IMPRISONED LAST YEAR FOR GBH, BUT SHE SAYS SHE WAS DEFENDING HERSELF AGAINST A RACIALLY-MOTIVATED ATTACK
SIYANDA WAS ON A CAMPING TRIP IN THE BRECON BEACONS WITH HER BOYFRIEND’S FAMILY AND FRIENDS, WHO WERE OLDER AND UNKNOWN TO HER. SHE WAS THE ONLY BLACK PERSON IN A GROUP OF AROUND 15 PEOPLE
WELSH POLICE FORCES HAVE BEEN THE SUBJECT OF NUMEROUS PROTESTS THIS YEAR AFTER THE DEATHS OF MOHAMUD HASSAN AND MOUAYED BASHIR, AND THE CASE OF CHRISTOPHER KAPESSA.
The reality of institutional racism has been brought to the fore in Wales lately, through the tragic cases of Mohamud Hassan, Mouayed Bashir, and Christopher Kapessa. But one case that activists are demanding people not to forget is that of Siyanda Mngaza, the 22-year-old Black woman who was imprisoned in March 2020, after what she said was self defence in the face of racist abuse and a physical, racially-motivated attack.
Even though she told police she had been racially attacked, and was badly bruised, Dyfed Powys Police admitted in court that they didn’t investigate a racial motive, and instead charged her with gross bodily harm. Siyanda was imprisoned last year and recently lost her appeal.
A “Free Siyanda” demonstration has been called for tomorrow, Saturday 10th April at 2.00pm, outside the new Cardiff Central Library in the Hayes, Cardiff city centre. It follows a wave of protests that have been held in Wales since the Police, Crime, Sentencing and Courts Bill passed through parliament, as well as protests against South Wales Police after two Black men died after coming into contact with Gwent and Cardiff police forces.
The “Free Siyanda” campaign was launched in June of last year to raise awareness of the details of Siyanda’s case and to advocate for her release, with a petition generating over a half a million signatures – 569,970 – at the time of writing.
Siyanda was sentenced to four years and six months for grievance bodily harm with intent in an incident that took place in the Brecon Beacons on a May bank holiday weekend. Solicitors for the family say Siyanda acted in self-defence against a racially motivated physical assault.
Siyanda, aged 20 at the time, was on holiday with her boyfriend’s family on 25 May 2019, which she attended in an attempt to bond with her partner’s family, who were also accompanied by a large group of their friends. None of these people were known to Siyanda, who was the only Black woman in a group of approximately 15 people.
According to the blog of legal advocate Lee Jasper, who has been working on the campaign, as the evening went on, Siyanda and her boyfriend’s family and family friends were drinking and gathered around a campfire, until at one point an argument took place between her boyfriend and his parents. Siyanda went to prepare the bed in their tent, and eventually her boyfriend – who had been drinking – followed.
After her boyfriend was in bed, Siyanda – alone – returned to the campfire in an attempt to resolve the situation. It was at this point she was verbally attacked by individuals who, according to Siyanda’s defence, repeatedly called her a “jungle c***” and “black b****.”
Siyanda was then pushed and punched by a white woman, who also had the backing of two white men – all of whom were taller and older than Siyanda. At this point, the woman launched another attack against Siyanda. She says she was left with no choice but to defend herself.
Siyanda, who is 4’10 in stature and is also disabled, told Lee Jasper:
“I was in fear of my life, my boyfriend was asleep, it was clear these people were drunk, I was in a pitch-black campsite at the dead of night, in the middle of nowhere.”
As Siyanda tried to find help, she was met by four Dyfed Powys Police officers who were already making their way to the scene. At this point, she was immediately handcuffed and taken away in a police car, and Siyanda has recalled that even at this point, as the police car door was ajar, one of the men continued to shout racist abuse at her.
However, Siyanda’s reports to the police that she had acted in self-defence and had been a victim of a racist attack went ignored, and she was charged with grievous bodily harm with intent, despite pictures that were taken during her time in custody evidencing that she was a victim of assault. In court, Dyfed-Powys police admitted they had not investigated the line of inquiry that Siyanda had been a victim of racial abuse.
Last year, Suresh Grover, from The Monitoring Group, who was then working with the family, said vital evidence proving Siyanda’s case was ignored: “They [Dyfed Powys Police] didn’t investigate a crucial piece of forensic evidence which clearly showed that the other side’s testimony in court was unbelievable.”
As a result, none of Siyanda’s attackers were arrested or charged, let alone taken into custody to be questioned. On the 21st February 2020, an all-white jury sitting at Swansea Crown Court found Siyanda guilty, despite her previously having a steady job in Human Resources and having never been in trouble before.
Last month, Siyanda’s case was taken to the Court of Appeal where she was represented by her new legal defence team Virgo Consultancy Services Ltd. However, the court turned down her application for leave to appeal.
Prior to her sentencing, Siyanda told the Independent that “It’s been the most horrendous time of [her] life.”
“We all know there’s injustice and people of colour aren’t always treated fairly by the police but until you’re in it, you can’t even fathom it,” she continued.
“It feels like I’m subhuman to them – like my life doesn’t matter. I’m a young girl, I’ve got a promising career and have never been in trouble with the police before yet they’ve given me the highest possible charge, just under manslaughter.”
Siyanda’s case is sadly reflected in the statistics which show the disproportionality of Black people – particularly women – in the criminal justice system.
Women are more likely to be imprisoned than men for first offenses, but ethnic minority women face not only the barrier of gender, but that of race too: Black, Asian and minority ethnic women make up roughly 11.9% of the women’s population in England and Wales (as per the 2011 census), but account for 18% of the women’s prison population, according to the Prison Reform Trust. Not only this, but the 2017 Lammy review indicated that among those CPS charged, 163 Black women proceeded at crown court, compared with 100 white women.
Since mid-March the Free Siyanda campaign has been participating in a virtual tour of the UK – hosted by Stand Up to Racism Cardiff – in an attempt to spread the word of Siyanda’s case. The campaign urges people to get involved, whether through hosting a meeting in your area, signing the petition, or taking part in the social media campaign.
As more and more people are alerted to the injustice and institutional racism experienced by Black people in Wales – particularly within the criminal justice system – it’s expected that tomorrow’s protest will attract strong numbers after hundreds turned out to show their support for last weekend’s Kill the Bill march in Cardiff City Centre.
For more information, and to sign the petition, visit the Free Siyanda website:
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*a previous version of this article incorrectly stated the charge as gross bodily harm, this has now been amended.
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